Why should an Attorney Prepare your Last Will and Testament?

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24th Aug 2016

Why should an Attorney Prepare your Last Will and Testament?
 
A common question Estate Planning attorneys hear is “Why do I need an attorney to draft my Last Will and Testament when I can use a form online?”
 
It is true, you can pay a minimal amount, or perhaps nothing, to create your Will using online forms; however, the consequences can be severely detrimental.
 
The illusion created by document preparation services is that preparing a Will is as simple as filling in the blanks of a canned document. However, you should note that the canned document typically displays a disclaimer that the document preparation services are not a substitute for the advice of an attorney and they cannot apply the law to the facts of your particular circumstances. This disclaimer is the very reason why you should not use the online form Will, but should instead seek advice from an Estate Planning attorney.
 
Individual circumstances significantly affect the provisions you need in your Will. Particularly, language that may advance your goals and objectives may be disastrous for someone else.
 
For example, if you are married with children from that same marriage, naming your spouse as the primary beneficiary of your entire estate and your children as the contingent beneficiaries would be reasonable. If you die first, your spouse will receive all of your assets and then your spouse would likely give his or her assets to your children. However, what if you are part of a blended family and have children from a previous marriage? If your Will gives your assets to your new spouse, your children may be unintentionally disinherited because your spouse may not give his assets to your children who are not also his children.
 
If your unique circumstances aren’t adequately considered, your Will is worthless. A poorly executed Will can result in contention between family members as they argue over what they believe you intended. Further, Court involvement may be required to settle these arguments in a costly way and in a manner different from what you intended.
 
Instead of filling in forms, as attorneys at Anderson Larson, we use our education and knowledge to take into consideration your unique circumstances, discuss your options with you to assist you in accomplishing your goals and objectives, and draft your Will to fit your unique circumstances.